Please review the terms of service below and click "Accept" to proceed.
TELUS PREMIUM CARE TERMS OF SERVICE
TELUS agrees to provide you with TELUS Premium Support Service to your computer (the "service") within the coverage area for the service on these terms and conditions. In these service terms, (i) "you" and "your" means the person accepting billing and payment responsibility for the service; and (ii) "computer" means any computer or other equipment (including any software forming part of such computer or equipment) designated by TELUS in writing as being eligible to receive the service and in respect of which you choose to receive the service. We will not have a binding agreement until you have accepted these terms and conditions.
1. CHARGES AND PAYMENT:
All service use fees and other charges, including taxes, are due and payable as specified by TELUS on invoices to you or the person or company paying the bill or as otherwise arranged with you by TELUS. Charges will be deemed to be correct if not disputed by you within thirty (30) days of the invoice date. All amounts not paid by the due date are overdue and you must also pay a late payment charge of 2% per month (26.82% per annum) on all overdue amounts. Any credit balance less than or equal to $5 at the time of cancellation of your TELUS account will not be refunded to you. A returned payment administration fee will be charged on your next invoice for any payments not honoured by a financial institution or credit card company.
2. PRICING AND SERVICES:
Client must be a resident of Canada, service available in English only and not available in Quebec.
For a complete listing of services and pricing please refer to our website at www.telus.com/hightechhelp.
The services only attempts to fix software issues and does not extend to hardware issues. The service only includes basic help for simple commonly used personal use software. TELUS does not provide support services for wireless mobile products and personal digital assistants.
Your computer must meet these minimum requirements to receive the service: (i) have Microsoft Windows 98/2000/XP/Vista or Mac OS 10.5 operating system, (ii) have a Web browser that supports 128-bit or 256-bit encryption, (iii) have a high speed Internet connection with a minimum speed of 128 Kbits/second
3. SERVICE CHANGES:
TELUS may change the scope of service, minimum system requirements, coverage area of the service and what equipment or software can receive the service from time to time upon notice to you. TELUS may provide the service to you through a remote session. TELUS has no obligation to provide the service to you if your requirements are excessive, beyond the scope of service, if you are not within the coverage area, if your computer does not meet the minimum system requirements or has not been designated by TELUS as eligible to receive the service or if you do not comply with the terms of service for the service.
4. PREPAID CARDS:
A prepaid card may only be used with the TELUS prepaid service. TELUS is not responsible for loss, theft or unauthorized use of any prepaid card. When you deposit the prepaid card value (following instructions indicated on the card) or use a credit card to make a deposit, you get the value as prepaid credits in your TELUS account. Prepaid credits are valid for use until expiration indicated on the prepaid card or, in the case of credit card deposits, are valid for use until expiration as communicated to you at the time of deposit. Rates for the services are established at time of deposit of prepaid credits into your account. Other prepaid rates are subject to change without notice. Prepaid credits are non-refundable and non-transferable. Upon expiry of all prepaid credits your TELUS account will show a zero balance for the service.
5. USER RESPONSIBILITY:
You shall back-up the data, software, information or other files stored on your computer prior to receiving the service. You warrant that you are of the age of majority for the province you live in and that you or another person who is of the age of majority, will be present when TELUS provides service in your residence and you have all of the rights (including intellectual property rights) required for TELUS to provide the service. You shall ensure that your computer meets or exceeds the minimum requirements specified by TELUS from time to time. When receiving the service, you shall provide full access to your computer remotely through the Internet, including, without limitation, use of login names, passwords, PIN or software access key. You shall be responsible for maintaining the confidentiality of your TELUS account, (including all login names and passwords) and you are similarly responsible for all uses of your TELUS account whether or not such uses are actually authorized by you. You shall only use the service in accordance with applicable laws and the TELUS usage policies for the service established by TELUS from time to time.
6. WARRANTY:
TELUS warrants that the service will, for the five (5) day period after you receive a remote service session, be free of any defects in workmanship if: (i) you notify us of your warranty claim within five (5) days after you become aware of it, (ii) you have not made any modification to your computer since receiving the service, (iii) you and your computer are located within the coverage area for the service and your computer complies with the minimum system requirements for the service, (iv) you still own the computer and (v) you can provide us with reasonable proof that you have received the service. As your sole remedy for TELUS's breach of the above warranty, TELUS will re-perform the service covered by the warranty are no additional charge to you. The re-performed services will not be covered by the warranty in this Section.
Except as specified in this Section, the service is provided on an "as is", "as available" basis. Your use of the service is at your sole risk. TELUS does not guarantee that the service will operate with all computers, will correct problems with your computer or make any guarantee regarding the suitability, reliability, timeliness, security, error-free operation or availability of the service. The service may fail or be interrupted for reasons including, but not limited to, your failure to comply with your obligations under these terms and conditions, technical limitations or defects of your computer or internet connection, defects or failures, or causes beyond TELUS's reasonable control. Except as specified in this Section TELUS disclaims all warranties and conditions (express, implied or statutory) relating to the service.
7. LIMITATION OF LIABILITY:
TELUS will not be liable to you or any other person for any damages (direct, indirect, consequential or other, including physical injury, death or damage to your property or premises), expenses, loss of profits, loss of earnings, loss of business opportunities, loss or corruption of data, files or software, or other similar loss, arising out of or in connection with the provision, use or failure of the service or any software or equipment used with or receiving the service, including, without limitation, any computer whether caused by negligence or otherwise, and whether claimed in contract, tort or otherwise.
8. INDEMNITY:
You will indemnify TELUS from all losses, expenses and all manner of actions, claims and judgments sustained by or made against TELUS in connection with your use or misuse of the service, any computer used with the service or violation of these terms and conditions.
9. PRIVACY:
You agree that TELUS may continue to collect, use and disclose personal information about you for the purposes identified in the TELUS Privacy Commitment (as it may be amended from time to time), which can be viewed at www.telus.com. Those purposes are: 1. to establish and maintain a responsible commercial relationship with you and to provide ongoing service; 2. to understand your needs and preferences; 3. to develop, enhance, market or provide products and services; 4. to manage and develop our business and operation; and 5. to meet legal and regulatory requirements. More information about TELUS 's privacy practices is available at the above Web site. If you have any questions or concerns about these privacy practices, you may call 1-800-567-0000 or send an e-mail to privacy@telus.com. As part of receiving the service, you agree that: (i) your personal information may, on a confidential basis, be stored and processed securely outside Canada, where it may be subject to access under the laws of such foreign jurisdiction, and (ii) your personal information may be disclosed to a law enforcement agency where TELUS reasonably suspects that you may breach any law.
10. MONITORING:
TELUS has the right, but not the obligation, to monitor or log any TELUS Internet site or use of the service. You consent to any such monitoring and logging that is necessary to satisfy any law, regulation or other government request, or to enhance operating efficiencies, improve service levels, assess client satisfaction, or protect TELUS or its clients from unwanted use of certain services or applications.
11. DISPUTE RESOLUTION:
Any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise and whether pre-existing, present or future - except for the collection from you of any amount by TELUS ) arising out of or relating to: (a) this agreement; (b) the service; (c) oral or written statements, or advertisements or promotions relating to this agreement or to a product or service; or (d) the relationships which result from this agreement (including relationships with third parties who are not parties to this agreement), (each, a "Claim") will be referred to and determined by private and confidential mediation before a single mediator chosen by the parties and at their joint cost. Should the parties after mediation in good faith fail to reach a settlement, the issue between them shall then be determined by private, confidential and binding arbitration by the same person originally chosen as mediator. Either party may commence court proceedings to enforce the arbitration result when an arbitration decision shall have been rendered and thirty (30) days have passed from the date of such decision. By so agreeing, you waive any right you may have to commence or participate in any class action against TELUS related to any Claim and, where applicable, you hereby agree to opt out of any class proceeding against TELUS otherwise commenced. If you have a Claim you should give notice to mediate and arbitrate to TELUS at 200 Consilium Place, Suite 1600, Scarborough, Ontario, M1H 3J3, Attention: Vice President and General Counsel. If we have a Claim we will give you notice to mediate/arbitrate at your last known address of record. Mediation and arbitration of Claims will be conducted in such forum and pursuant to such rules as you and we agree upon, and failing agreement will be conducted by one mediator-arbitrator pursuant to the laws and rules relating to commercial arbitration in the province in which you reside that are in effect on the date of the notice to mediate and arbitrate.
12. GENERAL:
These terms and conditions shall be governed by and construed in accordance with the laws of the province in which you reside. You must not assign this agreement without TELUS 's written consent in advance. If you are a business, corporation or other entity, then you and the individual user of the service shall be jointly responsible for all obligations in these terms and conditions, individually and together. If any part of this agreement is void, prohibited or unenforceable, the agreement shall be construed as if such part had never been part of the agreement. This agreement shall enure to the benefit of and bind the successors, assigns and personal representatives of you and TELUS.
13. LANGUAGE:
The parties have required that these terms and conditions and all documents or notices resulting therefrom or ancillary thereto be drawn up in the English language. Les parties aux présentes ont demandé que ce contrat et tous les documents ou avis en résultant ou y étant assujettis soient rédigé en langue anglaise.
14. CHANGES:
Except as otherwise specified, these service terms (including any rates and charges) may be changed unilaterally by TELUS from time to time on at least thirty (30) days' notice to you, and such changes shall become effective once you use the service after such thirty (30) day period (which use shall be deemed conclusively to indicate acceptance of such changes). You agree that TELUS can provide notice to you by posting it at http://www.mytelus.com or by sending you notice via e-mail to your primary e-mail address you have provided to TELUS. You agree to visit the website regularly.
15. NAME:
TELUS is the name of TELUS Communications Company. In these service terms, any reference to TELUS includes, where appropriate, a reference to any third party used by TELUS to provide the service, or any part of the service, to you. You agree that each such third party may enforce these service terms directly against you as if it was party to this agreement.
16. TERMINATION:
Unless I have pre-paid for my subscription, if I terminate my subscription to the service before the end of my 12 month subscription, I will pay to TELUS, as a reasonable pre-estimate of damages, an amount of $80 per computer that receives the service.
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